Barker and Benchley

This matter concerned the parenting arrangements for a child, X, born in 2012, between the father and the mother. The proceedings were before Judge Dunkley.

The court was required to determine the primary residence of the child, the time the child would spend with each parent, and to establish conditions and restrictions on each parent's care of the child. Further issues included the need for drug and alcohol testing for both parents, the involvement of a Brighter Futures Program for the father, and the preparation of a family report. The court also considered the transfer of the case between court locations and listed it for further directions.

Judge Dunkley ordered that the child, X, live with the father. The mother was granted time with the child on specific monthly dates and at other times as agreed. The orders imposed conditions on the father's care, including random Carbohydrate Deficient Transferrin (CDT) testing, and on the mother's care, requiring her to continue domestic violence counselling and submit to random urine analysis for drugs and alcohol. Both parents were restrained from consuming illicit drugs or excessive alcohol while the child was in their care, and from denigrating the other parent or extended family in the child's presence. The court also ordered that neither parent physically discipline the child.

Additionally, the court ordered the father to obtain a referral to the Brighter Futures Program. A family report was to be prepared by a family consultant, addressing various aspects of the child's relationships and the parents' capacities. The case was transferred from Parramatta to Broken Hill for further directions.